Justice Department Fails Again to Indict New York Attorney General Letitia James

Giuseppe de vita
Credit: nbcnews

USA (Brussels Morning Newspaper) – A grand jury in Alexandria, Virginia, rejected the US Department of Justice’s second attempt on 11 December 2025 to secure a new indictment against New York Attorney General Letitia James on mortgage fraud charges, following a prior Norfolk grand jury decline and a judge’s dismissal of the initial case. James, a prominent Trump adversary, denounces the efforts as politically motivated retaliation amid ongoing legal battles tied to her civil fraud victory over Trump’s business.

Initial Indictment and Dismissal

As detailed in a 8 October 2025 Justice Department press release from the Eastern District of Virginia, Letitia James faced indictment on charges carrying up to 30 years per count, $1 million fines, and forfeiture if convicted. Politico reports that US Attorney Jessica Halligan, a former personal attorney to Trump appointed in late September, brought the two criminal counts shortly after her installation, mirroring her handling of charges against James Comey after career prosecutors resisted. Halligan’s appointment followed Trump’s public urging of Attorney General Pam Bondi via Truth Social on 20 September:

“We can’t delay any longer… JUSTICE MUST BE SERVED, NOW!!!”

targeting James, Comey, and Sen. Adam Schiff.

The case collapsed when a judge, Biden appointee Jamar Walker, dismissed it, finding Halligan’s acting role illegal; James’ initial appearance was set for 24 October before the ruling. CNBC notes the DOJ’s subsequent two attempts in Virginia to revive charges of bank fraud and false statements to a financial institution. ABC News sources confirm the Alexandria grand jury’s rejection on Thursday, echoing a Norfolk panel’s decision last week.

James’ Defence and Political Context

James’ attorney Abbe Lowell argued in an April letter that the “stale, threadbare allegations” ignored exonerating documents, framing it as Trump’s retaliation. Following the first grand jury no-indictment, James reiterated the prosecution is “baseless.” CBS News highlights her team’s claims of “vindictive prosecution” and “outrageous government conduct,” citing Trump’s Truth Social post directing Bondi and alleged unethical behaviour by DOJ and FHFA officials.

New York Gov. Kathy Hochul defended James on X post-indictment:

“New Yorkers know [her] for her integrity, her independence, and her relentless fight for justice. What we’re seeing today is nothing less than the weaponization of the Justice Department to punish those who hold the powerful accountable.”

The New York Times sources describe this as the third failed attempt in two months, underscoring grand juries’ rarity in declining charges, especially amid Trump’s immigration enforcement pushes.

Trump’s Targeting of Adversaries

Attorney General Pam Bondi posted on X after the initial indictment: “One tier of justice for all Americans.” Trump has repeatedly assailed James as “racist,” “grossly incompetent,” since her 2018 campaign promising to target him as an “illegitimate president” and “embarrassment.” Their clash peaked in a 2023 civil fraud trial where Justice Arthur Engoron ruled Trump and sons fraudulently inflated assets for loans; an August appeals court tossed the $500 million judgment but upheld the fraud finding.

NBC News frames this as the DOJ’s third failed bid to indict James, a key Trump foe. The Hill reports prosecutors abandoned an appeal post-dismissal to seek fresh indictments, only to face back-to-back grand jury rejections. An Instagram post notes a federal grand jury’s refusal 10 days after the judge’s dismissal on mortgage fraud charges.

Grand Jury Rejections Significance

CNN reports the Alexandria grand jury’s decision came one week after Norfolk’s, with the DOJ submitting allegations anew despite setbacks. The Hill emphasises the second monthly failure post-dismissal. The New York Times portrays consecutive rejections as a major blow to the administration’s retribution campaign, with the Eastern District spokesperson unresponsive to comment requests; ABC had first reported Thursday’s outcome.

Such grand jury refusals remain exceptional, per NYT analysis, contrasting typical deference in federal cases. No comments from DOJ spokespeople on the latest decline, maintaining silence as in prior instances.

Broader Implications

James positions herself as a target for prosecuting Trump’s business interests in Manhattan. Politico links the rapid indictments James and Comey within weeks of Halligan’s appointment to Trump’s explicit directives. Coverage across outlets underscores the saga’s role in national political tensions, with James’ triumph over Trump amplifying scrutiny.

This marks a rare check on federal prosecutorial momentum against high-profile Democrats. Updates expected as legal manoeuvres continue.

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Giuseppe De Vita is a journalist at Brussels Morning News, He is covering European politics, Law and Technology news. Lawyer at De Vita & Partners Law Firm specializing in Criminal Law, Military and Space Law, and Cyber Security. In April 2023, he authored the monograph "Governance in Extraterrestrial Space", showcasing his extensive legal expertise. He has acquired vast experience in handling criminal and civil matters, managing litigation before various levels of jurisdiction across the national territory. In 2010, he obtained a Master's degree in Information Technology Law. Additionally, in the same year, he served as a teacher in criminal-IT subjects at the Penitentiary Police School of Portici, providing courses aimed at officials and managers of the Penitentiary Police and the Penitentiary Administration, focusing on IT security. He also serves as a Workplace Safety teacher, conducting training courses at various organizations and educational institutions. Moreover, he is a lecturer on Anti-Corruption and Transparency. The law firm, under his guidance, assists both private and corporate clients in court, accumulating significant experience in criminal and civil disputes over the years. Furthermore, it conducts Risk Management and Compliance, Cyber Resilience, and Cyber Security activities, with a specific focus on privacy protection (EU Regulation 2016/679 - GDPR). Giuseppe frequently publishes articles in legal journals, analyzing various regulatory issues. He has contributed articles to the legal journal Altalex, of which he is also a member of the Scientific Committee.
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